Algorithmic Rule By Law
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Algorithmic Rule by Law
"Amidst a global rule of law crisis, this book shows how the rule of law is eroded by algorithmic regulation under the guise of efficiency, leading to algorithmic rule by law. It offers examples of how public authorities' use of algorithmic regulation already threatens liberal democracy, and calls for action"--
The Rule of Law and Automated Decision-Making
The book presents observations concerning automated decision-making from a general point of view at the same time as it analyses the manner in which praxis in some jurisdictions has evolved as concerns automated decision-making and how the requirements that are placed by the legal orders on it are formulated. The principle of the rule of law should apply in the context of automated decision-making of public authorities just as much as when the decision-makers are physical persons. In sync with increasing automatization of decision-making in public authorities, problematizing questions about the appropriate legal basis for algorithmic decision-making have started emerge. How should the principle of the rule of law apply within the area of automated decision-making, how should automated decision-making be regulated so that it satisfies the requirements created by the principle of the rule of law, and how should the principle of the rule of law be made concrete in decision-making that is based on algorithms? The proposal for an AI Act launched by the European Commission in April 2021, including an identification of high-risk uses of algorithmic techniques, raises further questions concerning practices and interpretations related to automated decision-making. The state based on the rule of law proceeds from the maxim that public powers are exercised within a legal frame that makes the exercise of public powers foreseeable in light of legal norms. Also, a state based on the rule of law requires that the contents of the exercise of public powers is regulated by legal norms, which means that the citizens must be able to know everything that is relevant about how the powers will be exercised, not only who it is that will exercise the powers. Because of rules and principles of this kind, including non-discrimination and proportionality, the exercise of powers will not become arbitrary.
Blue Book on AI and Rule of Law in the World (2022)
This book focuses on the development of artificial intelligence and rule of law in the world, by collecting and summarizing the information about the development of artificial intelligence and rule of law in China and the world, covering topics like AI strategy, policy, law, theoretical research, practical application, etc. It makes an in-depth analysis so as to provide an objective, fair, and accurate report. The purpose is to promote the study of AI and law, promote the construction of AI and rule of law system, and create an AI and rule of law environment. In particular, it aims to play an active role in promoting the establishment of legislative norms, legal systems, policy systems, and ethical norms that are compatible with the innovative development of AI, promoting the implementation of a new generation of national AI development strategies and ensuring the safe, reliable, controllable, healthy, and sustainable development of AI. It is hoped that this book provides a useful reference for researchers of AI and law.